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Getting screwed

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tnhomestead
Frequent Contributor

Re: Getting screwed

So how are they being dishonest? You have a debt that you owe, and they reported this incorrectly ( which was in your favor ) and now they corrected it. Will you sue for them reporting it incorrectly in your favor for years?

Not being a jerk, just pointing out the inconsistencies in your argument.

As far as the debt goes, is it possible that it has been sold again to another collector? I would pull my credit report and double check who supposedly has it. Good luck it sounds like a mess.

Message 11 of 16
Cowboys4Life
Frequent Contributor

Re: Getting screwed


@jarablue wrote:

Can they be held accountable for reporting the incorrect status for 5 plus years? I heard I can sue them for not correctly reporting my status. It's unreal that I reached out to them, wanting to pay them and they basically said, no, but thanks and by the way you made us realized that we were incorrectly reporting your status, now we are going to hurt you more.

 

I checked my credit reports. And yes, now there is a collection/charge off entry starting from last month.

 

So your telling me they can legally incorrecty report something for years? And then, reset the clock and fix their mistake, starting fresh? **bleep**?????!!!

 

Well well well. I am actually protected from this under the fair credit reporting act. I am contacting my lawyer and resolving this. When honest people get screwed by dishonest people.....no.


Not exactly.  To sue under the FCRA you have to prove that you have suffered some harm as a result.  The reality is that under the FCRA all they are required to do is fix inaccurate reporting and they did.  Your choosing to live with it for 5 years or not even knowing about it doesn't rise to the level of dishonesty.  You made a classic mistake in disputing a valid debt (even if reported incorrectly) and when corrected got snared.  You grabbed a tiger by the tail and got bit.  Suck it up, learn from it and move on like most of us had to do when we made the same mistake.

Message 12 of 16
jarablue
Established Member

Re: Getting screwed

They reported it incorrectly for 5 years. Then they updated it with a new status as a new account? I used the wrong words, dishonest is not what I really meant. I meant illegal. 5 years they reported it wrong and yes, that is illegal. Yes so I am taking harm. It was incorrectly reported for five years, which is illegal, and then they updated it with a new status as if it's a new account? So yeah I did take harm! my credit is taking harm and I'm taking Financial harm. It's pretty cut and dry. It's against the law what they did for 5 years, and then what they did was refreshing it as new account to the current month of this year. I've already talked to a law firm about this and I'm in the clear. Thank you for the help I appreciate it I know what to do. You're not allowed to age my account for 5 years incorrectly, and then after the fifth year you update as a collection account refreshing the seven-year cycle all over again? Sorry doesn't work like that. It was dishonest because the status was incorrect and not correct. So that's their mistake and that's illegal. Also if they had they reported it correctly I would have had a collection account on my credit reports for 5 years and all that would have been left with two years. Not five years incorrectly and then a new collection account starting a seven-year cycle. You can't ding someone twice for the sameaccount because you made a mistake in your crappy sloppy job of reporting it wrong. That's what my credit reports currently say and the law firm that I'm working with agrees with me. It's all good there's been really bad advice given on this forum before and I could probably literally come back with a judgement in my favor and people in this forum would still disagree with me. The one thing I've learned in my 47 years of life is that everyone except you on the internet is correct. Take care have a good life everybody is awesome!

Message 13 of 16
jarablue
Established Member

Re: Getting screwed

Not dishonest, illegal. What they did for five years was incorrect reporting and that oh, quite simply is illegal. Also I am suffering harm, harm to my credit impacting my future home purchases and my Financial Health. Also I have contacted them about who now owns the debt and also the debt collectors are in my credit reports. When I contacted both debt collectors they have no idea about the debt because they don't have it. So oh, I'm just going to let the law firm and lawyer that I contacted handle it. I'd rather pay a little bit of money and come out ahead when it's concerns my credit health. If they reported it incorrectly in my favor, I would never know to challenge it. And why would I?

Message 14 of 16
Miikawaadizi
New Contributor

Re: Getting screwed


@jarablue wrote:

They reported it incorrectly for 5 years. Then they updated it with a new status as a new account? I used the wrong words, dishonest is not what I really meant. I meant illegal. 5 years they reported it wrong and yes, that is illegal. If, once found by you, that they were reporting to the CB incorrectly AND they then didn't update it to reflect the correct account info(after contacting them to let them know), then that would be covered under FCRA. It's not covered under FCRA if they fix their mistake that hasn't caused you harm. The only thing that caused harm was when the collection started reporting correctly and that was caused by you, not the actual collection agencies maliciously reporting false info(the collection was not false info). Yes so I am taking harm. It was incorrectly reported for five years, which is illegal, and then they updated it with a new status as if it's a new account? Just because it a new account is reporting 5yrs into the 7yr reporting period for negative accounts doesn't mean it will stay on there for a full 7(7.5yrs) years. The "new" collection account can only stay on your report 7-7.5 years from the date of first delinquency (DOFD). For example: I have a credit card account that went into default after not paying it one month and it was then was charged off at 180days late. 2 months later it was picked up by the collection agency. Let's say DOFD was March 2015, 180 day charge off was September 2015 and November it was picked up by the collection agency and the original creditor disappeared off my account when the collection agency started reporting November 2015. This doesn't mean the collection will stay on my reports for 7.5 more years starting November 2015. No, what happens is it falls off my report at 7.5yrs from the DOFD which was March of 2015. So it will fall off approximately September 2022 and not May of 2023 which is 7.5yrs after it started being reported as a "new" account by the collection agency. So yeah I did take harm! my credit is taking harm and I'm taking Financial harm. It's pretty cut and dry. It's against the law what they did for 5 years, and then what they did was refreshing it as new account to the current month of this year. I've already talked to a law firm about this and I'm in the clear. Thank you for the help I appreciate it I know what to do. You're not allowed to age my account for 5 years incorrectly, and then after the fifth year you update as a collection account refreshing the seven-year cycle all over again? Sorry doesn't work like that. It was dishonest because the status was incorrect and not correct. So that's their mistake and that's illegal. Also if they had they reported it correctly I would have had a collection account on my credit reports for 5 years and all that would have been left with two years. Not five years incorrectly and then a new collection account starting a seven-year cycle. You can't ding someone twice for the sameaccount because you made a mistake in your crappy sloppy job of reporting it wrong. That's what my credit reports currently say and the law firm that I'm working with agrees with me. It's all good there's been really bad advice given on this forum before and I could probably literally come back with a judgement in my favor and people in this forum would still disagree with me. The one thing I've learned in my 47 years of life is that everyone except you on the internet is correct. Take care have a good life everybody is awesome!



I truly hope this cleared up those two issues you had. I hope others can help explain where they can. 

~Alicia












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Message 15 of 16
OmarGB9
Community Leader
Super Contributor

Re: Getting screwed


@jarablue wrote:

They reported it incorrectly for 5 years. Then they updated it with a new status as a new account? I used the wrong words, dishonest is not what I really meant. I meant illegal. 5 years they reported it wrong and yes, that is illegal. Yes so I am taking harm. It was incorrectly reported for five years, which is illegal, and then they updated it with a new status as if it's a new account? So yeah I did take harm! my credit is taking harm and I'm taking Financial harm. It's pretty cut and dry. It's against the law what they did for 5 years, and then what they did was refreshing it as new account to the current month of this year. I've already talked to a law firm about this and I'm in the clear. Thank you for the help I appreciate it I know what to do. You're not allowed to age my account for 5 years incorrectly, and then after the fifth year you update as a collection account refreshing the seven-year cycle all over again? Sorry doesn't work like that. It was dishonest because the status was incorrect and not correct. So that's their mistake and that's illegal. Also if they had they reported it correctly I would have had a collection account on my credit reports for 5 years and all that would have been left with two years. Not five years incorrectly and then a new collection account starting a seven-year cycle. You can't ding someone twice for the sameaccount because you made a mistake in your crappy sloppy job of reporting it wrong. That's what my credit reports currently say and the law firm that I'm working with agrees with me. It's all good there's been really bad advice given on this forum before and I could probably literally come back with a judgement in my favor and people in this forum would still disagree with me. The one thing I've learned in my 47 years of life is that everyone except you on the internet is correct. Take care have a good life everybody is awesome!


But it wouldn't be reporting for another 7 years...the clock didn't restart, it would still fall off 7 years from DOFD...And you were actually benefitting from their error this whole time...

 

In any case, good luck with your litigation. Once you start talking about suing, we (the MF community) have to bow out.


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Message 16 of 16
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